By Leonard Kamugisha Akida,
KAMPALA
The Cabinet has completed the drafting of the UPDF Act Amendment, pending its presentation before Parliament by the Minister of Internal Affairs for review and other legislative processes.
This announcement was made by the Minister of ICT and National Guidance, Dr. Chris Baryomunsi, during a media engagement at the Uganda Media Centre in Kampala on Tuesday.
Dr. Baryomunsi revealed that the Cabinet had approved the reconstitution of the Military Court and made several amendments to align with recommendations made by the Supreme Court in the Kabaziguruka case ruling. Among the key amendments is the requirement for all members of the military court to be professionally trained and competent lawyers. Additionally, the General Court Martial has now been elevated to the status of the High Court.
“Part of the amendments we approved yesterday in the UPDF Act is that, yes, the Court Martial will be reconstituted at the unit level, division level, and also the General Court Martial. But this time, we have provided for qualifications—anyone who chairs the court martial at any level must be a competently trained lawyer. The General Court Martial will now operate at the level of a High Court,” said Baryomunsi.
He further noted that Cabinet has provided for an appeals process through civilian courts to challenge decisions made by military courts.
“If you’re not satisfied with the decision of the court martial, you can appeal to the civilian Court of Appeal, and if still not satisfied, proceed to the Supreme Court,” he added.
Addressing ongoing debates surrounding the Supreme Court’s interpretation of military courts trying civilians, Dr. Baryomunsi clarified that the Court did not rule out the trial of civilians by military courts entirely. Instead, it recommended that such trials occur only under specific circumstances laid out in the law.
“Court did not say that military courts cannot try civilians. That was not the pronouncement from the Supreme Court. What the Court said was that the General Court Martial can try civilians under particular conditions described under the law,” he emphasized.
He also pointed out that the Supreme Court set standards for how the General Court Martial should be constituted, including the appointment of a trained lawyer as chairperson, to ensure fairness and avoid the perception of a kangaroo court.
Dr. Baryomunsi dismissed allegations that the ruling NRM government is attempting to undermine the Supreme Court’s ruling through the amendments. Instead, he stated that the government is implementing the recommendations made by the Court to improve the military justice system.
The bill now awaits tabling before the Parliament’s Committee on Legal and Parliamentary Affairs for scrutiny and further legislative processing.
